Rannard
Rannard v. Harris
Opinion
Lead Opinion
This is an action brought to recover damages for injuries received in an automobile collision. The jury brought in a general verdict for plaintiff in the sum of $30,000, and also a verdict in favor of the husband of plaintiff in the sum of $4,829.11. Of the latter sum, $2,000 was for loss of his wife’s services.
Two questions are presented upon this appeal. The first is that of excessive damages, and the second is the correctness of one instruction.
The record shows, -almost without dispute, that the driver of defendant’s automobile was guilty of negligence. When asked by counsel for defendants as' to how the accident occurred, he replied: “Well, I simply fell asleep.” While in that condition he drove over to the left side of the highway, and collided with plaintiffs’ car.
A number of injuries were received by the wife, who was fifty-nine years of age at the time of the accident, and in good health prior thereto. After the accident she was taken to the hospital at Redding and confined there six weeks. She returned to heT home at Santa Monica, and was still undergoing medical treatment at the time of the trial, Which was eight months after the injuries were received.